Petition for Writ of Mandamus Denied, and Memorandum Opinion filed June 10, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-08-00401 -CV
____________
IN RE JAMES ANDREW WALKER, II, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On May 13, 2008, relator James Andrew Walker, II filed paperwork thatBbased upon the relief requested thereinBwe have construed as a petition for writ of mandamus.[1] No record has been filed. See Tex. R. App. P. 52.7. As best we can determine, Walker has asked that we order the respondent to rule on relator=s pending habeas corpus petition and request to be released on bond. We deny the petition for writ of mandamus.
When a motion is properly filed and pending before a trial court, the act of considering and ruling upon that motion is a ministerial act, and mandamus may issue to compel the trial court to act. Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.BSan Antonio 1997, orig. proceeding). A trial court has a reasonable time to perform the ministerial duty of considering and ruling on a matter that was properly filed and before the court. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.BAmarillo 2001, orig. proceeding). Whether the judge has acted within a Areasonable@ time depends upon the particular circumstances of the case. Id.
The absence of a mandamus record prevents us from evaluating the circumstances of this case and, consequently, the merits of Walker=s complaints. We must therefore conclude that relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny the petition for writ of mandamus in case number 14-08-00401-CV, and all other requests for relief contained in that petition.
PER CURIAM
Petition Denied and Memorandum Opinion filed, June 10, 2008.
Panel consists of Justices Yates, Anderson, and Brown.
[1] We are to liberally construe the pleadings of a party acting pro se. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.BHouston [1st Dist.] 1992, orig. proceeding).